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11-18-1968 Mid-Monthly Meeting179 NOVEMBER 6, 1968 A called meeting by the Mayor was scheduled this date for the purpose of the final determination regarding the zoning of 751 Cherokee Road for the Master Kleens of America. Mayor G. W. Kreeger presided and a quorum was present,.J. B. Ables, B. F. Stewart, C. 0. Canada and J. C. Porterfield. No opposition to the'proposed zoning was present. The Council referred to the October•21, 1968 meeting at which time the zoning was deferred and readvertised' to classify the parcel of land from District "C" to 0-1 or,C-2 commercial. In further discussion, J. B. Ables motioned the property per petition as readvertised for the purpose of a dry cleaning 'and laundry operation bi zoned for the petitioner from District "C" commercial to C-2 central commercial district, restricted. Motion seconded by B. F. Stewart. Voting for the motion, C. 0. Canada, B. F. Stewart, J. B. Ables. Voting against the motion J. C. Porterfield. On the .recommendation of 'the 33uilding inspector C. M. Hamby, the building permit for the Master Kleens of America was submitted for approval. The petitioners discussed. the front set .back re- Lo questing` the' Council consider .a. 40 foot set back. Motion.by B. d� F. Stewart that the building.permit.as.submitted be and is hereby approved and.further'that the 50 foot set back shall be'adhered U to. 'Motion seconded -by J. B. Ables and the vote.was unanimous. There being no further business, Council adjourned at 7:12 P. M. 'NOVEMBER 18, 1968 The mid -month scheduled meeting of Mayor and Council -was -held at City Hall November 18, 1968 and called to order at 7:00.P. M., Mayor-G. W. Kreeger presiding, all Council Members present'e'k'cept Ward N6.'7 Counci lirian B. F.-Stewart. Others present.in the meeting were City Attorney, City.Clerk, Building Inspector; -Public Works Superintendent, and the Marietta press. In -the first order of business; citizen W. B: Bone, Jr. reported on -,the condition of Campbell Road, claiming dangerous holes in the paving and shoulders. Councilman J. B. Ables reported on' -his discussion with Mr. William Derrick of ' the State Highway Depart- ment stating the traffic count on Campbell Road showed 4,650 vehicles per day -of which 3076-are heavy trucks traveling east and -west.".Mayor Kreeger requested that a check out -of' the above be prepared and -submitted at the -next -Council meeting: Commercial building permits were submitted in -Council and on the recommendation of building inspector C. M. Hamby the following action is recorded: 1. -Puri Oil Station, new structure, Woodruff and Spring Road. Issuance -of -permit approved •on °motion C.-W. Armour, seconded by Homer Kuhl, and voted unanimous. �. 2. K C (Kwik=Chik) Investment, Inc. Permit to'remod'el the existing building of the Little Dairy Farms.on Concord Road. Permit approved.on.motion of Homer Kuhl,'seconded by C..O. Canada, subgect to check out of the structural changes per plans sub- mitted. - 3.•. One sign for a South Cobb location,of-the Shrimp -Boat Restau- rant.- Issuance of -permit withheld pending receipt of appli- cation of building permit. - - W. The.'application for one sign on the Costa Drug Store, Spring Road -Shopping Center, -was approved on m6tion, C.•W. Armour,, seconded by C. 0. -Canada. - - - ', 5. One neon sign for the House of Lights, 2448 South Cobb Drive, was approved for issuance on motion Homer Kuhl, second R.H. Wood. 1,800 (Continuation of November 18, 1968 Meeting) 6. One -three foot by -four foot illuminated sign for the Horace Poss, Building on -Spring Street: Permit issued to Crowder Sign Company on motion J.. C.-Porterfield, seconded J. B. Ables,` and voted unanimous. 7. The application for Jones Electric Sign Company^to install three signs located on the structure or the premises of Bavarian Alpine Inn was denied on motion.of C. W. Armour, seconded. by Homer Kuril, and. voted unanimous. MEMO: -Application-denied by reason that •malt beverage application was not as of above date submitted to the malt beverage committee and further that the signs,above mentioned•staied, "beer --sold here". The advertised petition of thedeor is Power -Company to rezone a parcel of land located -on the northwest corner of Jones Shaw and Old Concord Road came up for hearing. The petition requested the property be rezoned from R and R-1 residential to C-1 local commercial. 'The -request for rezoning came before Council (see previous minutes) on the petitioners request to expand through purchase of land on the north of the existing electrical sub- station. There being no opposition present, Councilman Homer Kuhl motioned the petition for rezoning as advertised be and'is hereby rezoned to C-1 local commercial area. Motion seconded by J. C. Porterfield and voted unanimous. The advertised petition to rezone the property known as Lot 1 and Lot 2 located at the intersection of Cherokee Road and Cherokee Trail, No. 860 and 870, came up for hearing. Six citizens in the area appeared in,Council in.opposition. Mr. W. J: McTyre of 895 Cherokee Trail, spokesman for the opposition, submitted a petition from owners and renters in the area and stated there were sufficient automobile service stations on Cherokee Road and other remarks concerning school children and traffic in the area. Councilman J. C. Porterfield of Ward #6 objected on the premise that the parcel of land had a better and higher land use value. r C©uncilman C.. W. Armour of Ward #1 commented on the economy factor stating that major oil companies'complete extensive research prior to selecting locations for their product. A report was -submitted in Council showing that of the twenty homes 'on Cherokee Trail, ten were either under option, rented, vacant or -'for sale. Mayor G. W. Kreeger spoke in Council favoring the location.for the Gulf Oil Corporation structure.- Councilman J. C. Porterfield motioned as follows: "In keeping with our -promise to the citizens in this area, I move that the application to rezone 860 and 870 Cherokee Trail be -denied." -The motion was seconded by J.-B. Ables and the vote was -as follows:_ To.deny, J. C. Porterfield, J. B. Ables, and R. H. Wood. Opposed to the motion -to deny the rezoning, C. 0. Canada, Homer Kuhl and C.-W. Armour. The motion ended in'a tie vote. B. F: Stewart was not present. Mayor G. W. Kreeger voting against the motion: Motion by C. 0. Canada that the property per advertised -'zoning petition for a Gulf Oil Corporation service - station be rezoned from "C" District to C-l.local commercial area. Motion seconded by Homer Kuhl. For the motion, C. 0. Canada, Homer Kuhl, C.-W. Armour. Against the,motion, J. C. Porterfield, J: B. Ables, R. H. Wood. Mayor G. W. Kreeger voted in favor of. the Zoning petition: Motion for -the rezoning carried four to three. The building permit submitted by Gulf Oil Corporation was withheld pending completion and -approval of the application': Mr. J. 9. David of Public Works reported the plats and sewer ease- ments in the 7.55 acres on,South Cobb Drive,were in work and completion date was given as November 23, 1968. _ Mayor Kreeger reported in Council the final location -for the ,proposed City of Smyrna police Station.'Theproperty of Mr. J. H. Akin, 1278 Bank Street, and the H. B. McIntosh property,1286 Bank Street, was approved by Council for purchase in the total amount of $40,000. The Akin property which wi•11 be purchased in 1968 was closed out at $30,000. The McIntosh property per signed option to be purchased in 1969 was'sold for $10,000. On a motion by J. B. Ables, seconded 181 (Continuation of November 18, 1968 Meeting) by R. H. Wood, the Council voted unanimous -for -the purchase in the amount of $30,000 for the J. H. Akin, property. The second motion came on motion by J. B. Ables to -execute the option for purchase of the McIntosh property in the amount of $10,000. The motion seconded,by_Homer. Kuhl and voted unanimous. Item 7 of'the Agenda called out the progress to date on the following: Pump station and.roadway to East Side Apartment Progect; Spring-Road.annexat:ion, patrol,, plus statement of final costs to -State Highway Department; Atlanta widening,.Church Street third lane deed; and the Lane marking and street lights on Ward Road. All.the above projects were reported in work with estimated completion dates of one to four weeks. Finance Chairman Homer Kuhl spoke briefly on the,prepared,financial reports covering October 1968 and four months cumulative. Certain-statistics,based on general fund and water revenue were reported in Council with a suggested request that the City invest funds not needed for current operations in.U. S. Treasury Bills Ln fora period of ninety days with option to sell or,roll-over.._ The authority to invest came on motion by Homer.Kuhl, second by J. B. Ables, and further, authority and/or checks to be drawn and W approved by the Mayor, the Finance Chairman, and•the City, Clerk. V The motion carried. U Councilman C. W. Armour, chairman of the malt beverage license committee, brought before Council for action four applications for malt beverage, as .follows : ' 1. Alterman Big Apple Supermarkets on Spring Road. This was denied on motion by C. W. Armour based on the records check out by the Smyrna Police Department. Motion seconded by Homer Kuhl and voted unanimous. 2. Tenneco Food Store, 902 Cherokee Road, The committee check out revealed the premises in accordance with the distance called ,out in the malt beverage ordinance; however, the chairman reported a split -vote on the issuance of the malt beverage permit. Council action was as follows: Chairman C. W. Armour motioned for approval and issuance of the permit. The motion died for want of a second. Councilman Homer Kuhl motioned that the application for the Tenneco•Food Store be rejected.. On J. B. Ables second, the vote carried five to one, C. W. Armour voted against the motion. 3. Jack L. Pilgrim for malt beverage store next south cE the Seaboard Finance Company, South Cobb Plaza-on,South Cobb Drive. Denied,on motion by C. W. Armour on the basis of -applicant being --a non-resident of the City of Smyrna. Motion seconded by Homer Kuhl and voted unanimous. 4. Permit for malt beverage retail 'license was approvedfor Lums Restaurant on (South Cobb Drive, they having -cleared the ordi- nance on distance, police ,check out and -residency of the . manager. C. W. Armour motioned for approval and.issuanceof the malt beverage license. Motion s•econdedlby C. 0. Canada which ended in a tie vote. Voting for the motion, C. 0. Canada, C. W. Armour, J. C. Porterfield. Voting against issuance of the license, J. B. Ables;,R. H.-Wood and Homer Kuhl. Mayor G. W. Kreeger,cast the deciding vote. Motion carried four to three. The Council opinion relative to the Thanksgiving Holiday was that City Hall shall be open the Friday following Thanksgiving with a sufficient staff to handle the City business during the Thanks- giving week -end. It was reported that certain staff members had earned compensatory time off during the period of September and October and had planned trips out of state. In final action, the Council; 182 (Continuation of November 18, 1968 Meeting) 1. Scheduled a meeting,for -the- fire committee and certain fire department personnel to -meet at City Hall November 19 immediately following the Recorder's Court adjournment: 2. Authorized per J-. B. Ablest request to remove the fire siren on the water tower for check out, repair, and usage for Civil Defense activities. 3. Agreed to sell forty Trim Town containers.from City inventory at $7.50 each to the Lexington Apartments owner. 4. Authorized a tabulation of the engineering costs concerning school cross walks, etc. The purpose of the request hinges on the actual billing.for engineering in excess of the Hensley estimates. Mayor G. W. Kreeger and Councilman J. B. Ables.reported on the responsibility and/or liability, if any,,due.to the injury and hospitalization of George (Buck) Miller. In connection with opinions called out, the'Council,requested submission of a letter from Paul J. Payne, M., D. , ,in connection with and incidential' to, an operation as a result of Mr. Miller's accident. Mr. J. C. Holcombe -was requested to submit plot plans in connection with his request to build two houses on the,property of the former Mrs. Clayton on Powder Springs at.Guthrie. There being no further -business-, the Council -adjourned at 8:48 P.M. The next Council meeting scheduled for December 2, 1968 at 7:00 o'clock P. M. G. W. Kreeger, Mayor L. W. Charle ity Clerk 01. C. W. Armourg Councilman,Ward 1.,— J . Ables, Councilman ard 2. Sanitation olice, Fire. & CD- -A R. Wood 1,__CFu__ncilman War , Homer Kuhl, Co ncilman Ward 4. Streets & Maintenance Finance and Administration Canada, Councilman Ward,. Porterf e , m ounce an Parks & Recreation/,lard 6,-Trea ent Plants, Garage B: F. Stewart, Councilman Ward 7, Water